Can a business owner tamper with employee checks?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a business owner tamper with employee checks?
I’m in a bad spot. The owner of the office that I work for has, on
multiple occasions, missed our pay date. Not only that, but he’s taking
money from my check for a personal debt, not a business debt. Am I right
in assuming that these are unethical business practices? And what do I
do if I have case?
Asked on July 4, 2016 under Employment Labor Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An employer cannot not make a paycheck deduction from an employee's check without the employee's express consent. It doesn't mean that you don't owe them the money, it just means that they cannot use your paycheck to re-pay themselves. At this point, you can file a wage claim with your state's department of labor and/or sue them in small claims court (but it may probably not worth the cost to sue). As for missing your pay date, there's not much you can do as a practical matter for late paychecks, however if you have not been paid at all, you can do as instructed above.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.